Pafburn Pty Limited v The Owners - Strata Plan No 84674

Tort – Negligence – Concurrent wrongdoers – Proportionate liability – Where owners corporation claimed damages from developer and head building contractor for construction of building – Where claim for economic loss arising from breach of duty imposed on person carrying out construction work by s 37 of Design and Building Practitioners Act 2020 (NSW) ("DBPA") – Where duty to exercise reasonable care to avoid economic loss caused by defects in or related to building arising from construction work – Whether Pt 4 of Civil Liability Act 2002 (NSW) can limit liability for damages for breach of s 37 of DBPA.

Words and phrases – "apportionable claim", "building work", "concurrent wrongdoers", "construction work", "direct liability", "duty of care", "non-delegable duty", "personal liability", "proportionate liability", "statutory duty", "vicarious liability".

Civil Liability Act 2002 (NSW) – ss 5Q, 34, 34A, 35, 39(a).

Design and Building Practitioners Act 2020 (NSW) – ss 7(3), 32, 33, 34, 35, 36(1), 37, 38, 39, 40, 41.